October 16, 1998

To:Toronto Community Council

From:H.W.O. Doyle

Subject:Ontario Municipal Board Decision: 30 and 40 Charles Street East and 35 Hayden Street (Ward 24 - Downtown)

Purpose:

This report advises Council of the decision of the Ontario Municipal Board on the development proposed at 30 and 40 Charles Street East and 35 Hayden Street.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications or impact for the City. It requires no funding.

Recommendations:

That this report be received for information.

Council Reference/Background/History:

In a decision dated December 15, 1992, the Ontario Municipal Board approved site-specific Official Plan Amendment No. 589 and Zoning By-law 319-92 respecting 30 and 40 Charles Street East and 35 Hayden Street thereby authorizing a 276-unit social housing development. That development was not built.

In 1997, the owner applied for a Committee of Adjustment variance to construct a 239-unit market apartment building with 11 of the units to be live/work units on the Hayden Street frontage. The Committee refused the application and the owner appealed to the Ontario Municipal Board.

At its meeting held on October 6 and 7, 1997, the former City Council authorized the City Solicitor and the Commissioner of Urban Planning and Development Services to attend before the Ontario Municipal Board in support of the proposal (Clause 16, Report 16 of the Land Use Committee).

Comments and/or Discussion and/or Justification:

The Board held a hearing in July, 1998. The developer was represented by counsel as was the City. Several property owners on Hayden Street opposed the development and were represented by counsel.

The Board heard planning testimony both for and against the development, as well as urban design evidence from the City. Property owners also advised the Board of their position.

In a written decision issued September 25, 1998, the Board approved the project, finding that the variances sought were appropriate and desirable and assist in achieving the objective for affordable housing, and the City=s low-end-of-market policy has been met by virtue of the modest size of the units. The Board also found that the live/work units were innovative and desirable.

As well, the Board accepted the City=s urban design evidence and found that the project has been improved from the 1992 Board-approved project in the areas of reduced height and setbacks, unit count, massing, landscaping, amenity space and access.

Conclusions:

The Board decision represents a successful outcome from the City=s perspective as it authorizes the project supported by Council. A copy of the Ontario Municipal Board decision will be filed with the City Clerk and will be available for review.

At the time of writing, it has come to the writer=s attention that one of the property owners in the area is seeking leave to appeal the Ontario Municipal Board decision to the Divisional Court. Legal Services will take the appropriate action to appear before Divisional Court in support of Council=s position in this matter.

Contact Name:Raymond M. Feig

Telephone:(416) 392-7224

Fax:(416) 392-0024

E-mail:rfeig@city.toronto.on.ca

H.W.O. Doyle

City Solicitor

Legal Services

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